reg 2 Interpretation
(1) In these Regulations— “ the Act ” means the Merchant Shipping Act 1995; “carcinogen” means— a substance or mixture which meets the criteria for classification as a category 1A or 1B carcinogen set out in Annex I to the CLP Regulation whether or not the substance or mixture would be required to be classified under that Regulation; or a substance or mixture which is— referred to in Schedule 1; or released by a process referred to in Schedule 1 and is a substance hazardous to health; “CLP Regulation” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/ EEC and 1999/45/ EC and amending Regulation (EC) No 1907/2006 , of which Articles 6(5), 11(3), 12, 14, 18(3)(b), 23, 25 to 29, 35(2) second and third sub-paragraphs and Annexes I to VII are to be read as amended from time to time; “ employer ” means a person by whom a worker is employed on a ship under a contract of employment; “ exposure ” means exposure to carcinogens or mutagens or to both; “ the General Duties Regulations ” means the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 ; “ health and safety ” means the health and safety of persons whilst on board, or boarding or leaving, a ship; “ ionising radiation ” means the transfer of energy in the form of particles or electromagnetic waves of a wavelength of 100 nanometres or less or a frequency of 3 x 10 15 hertz or more capable of producing ions directly or indirectly; “mutagen” means a substance or mixture which meets the criteria for classification as a category 1A or 1B germ cell mutagen set out in Annex I to the CLP Regulation, whether or not the substance or mixture would be required to be classified under that Regulation; “ preparation ” means a mixture or solution of two or more substances; “ regulation 4 assessment ” has the meaning given by regulation 4(2); “ representative ” in relation to workers means any person lawfully elected, chosen or designated to represent the workers in regard to issues about the safety and health protection of workers at work; “ship” includes hovercraft; “ substance ” means any natural or artificial substance whether in solid or in liquid form or in the form of a gas or vapour and includes micro-organisms; “ trainees and apprentices ” does not include persons who are training in a sail training vessel; “ United Kingdom ship ” means a ship which is— a United Kingdom ship within the meaning of s 85(2) of the Act; a Government ship within the meaning of section 308(4) of the Act; or a hovercraft registered under the Hovercraft Act 1968 ; and “ United Kingdom waters ” means the sea or other waters within the seaward limits of the territorial sea of the United Kingdom. (2) In these Regulations, “ worker ” means a person employed under a contract of employment, whether express or implied, and if express whether oral or in writing, to work on activities to which these Regulations apply and includes a trainee or apprentice so employed except a trainee to whom paragraph (3) applies. (3) This paragraph applies to a trainee training in a sailing vessel which is— (a) being used either— (i) to provide instruction in the principles of responsibility, resourcefulness, loyalty and team endeavour and to advance education in the art of seamanship; or (ii) to provide instruction in navigation and seamanship for yachtsmen; and (b) is being operated under one of the following codes— (i) the Large Commercial Yacht Code as set out in Merchant Shipping Notice No. 1792(M), issued by the Maritime and Coastguard Agency, an executive agency of the Department for Transport; (ii) the Code of Practice for the Safety of Small Commercial Sailing Vessels ; (iii) the Code of Practice for the Safety of Small Commercial Motor Vessels ; or (iv) the Code of Practice for the Safety of Small Vessels in Commercial Use for Sport or Pleasure Operating from a Nominated Departure Point . (4) In paragraph (3) each reference to a Code includes a reference to any document containing an amendment or replacement of that Code which is considered by the Secretary of State to be relevant from time to time. (5) In the application of these Regulations to a hovercraft, a reference to the master of a ship includes a reference to the captain of that hovercraft.